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HomeMy WebLinkAbout1992-09-01APPROVED 11/4/92 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 1, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:00 PM ON -SITE TOUR OF THE PROPOSED BOLSA CHICA LINEAR PARK (Field Trip) ROOM B-8 - 5.30 PM CODE AMENDMENT: Revise Downtown Specific Plan and develop a parking master plan REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P .P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, P P Newman, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO, 92-23 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) NO. 92-21/NEGATIVE DECLARATION NO. 92-27 (CONTINUED FROM THE AUGUST 18, 1992 PLANNING COMMISSION MEETING): APPLICANT: Lauri Burke LOCATION: 16091 Gothard Street The proposed project consists of a 24-hour ice skating and roller skating rink complex in an existing 46,200 square foot industrial building at the southwest corner of Gothard Street and Edinger Avenue. In addition to the two skating rinks the project includes a party room, snack shop, game arcade and a pro -shop. Because the Huntington Beach Ordinance Code does not identify a parking requirement for skating rinks, staff conducted a telephone city of other cities' requirements and had the applicant submit a parking study. Staff determined that the proposed use will require one hundred thirty-three (133) parking spaces while the site can provide 115 spaces through restriping for compact stalls. The applicant, therefore, is requesting an eighteen (18) space parking variance. STAFF RECOMMENDATION: Staff recommends approval of the request as the adjacent property owner (the same property owner of the subject site) has agreed to allow patrons of the rink to use eleven (11) of their spaces during peak hours of operation and at all times when they are not in business. In addition, staff is recommending a six (6) month and a. 12 month review to analyze actual parking demands. Should a parking or traffic impact occur, the applicant may be required to seek additional parking spaces and/or reduce hours of operation on the rinks. The Commission discussed parking issues. It was suggested that six spaces is so minor a number to restrip the whole lot, perhaps a variance could be accepted. Staff stated that they would not recommend any deficiency in parking. The Commission also discussed their concern that the rink is going into an industrial zone. Staff explained that this was an unclassified use and can go into any zone. Staff also stated that this is the best suited zone for this type of activity.` THE PUBLIC HEARING WAS OPENED. Rose Engel, 17283 Buttonwood, Fountain Valley, spoke in opposition to the request. She stated that industrial areas need industrial uses. She stated her concern with the use is that it has the potential for attracting an undesirable element in the area. 1 PC Minutes - 9/l/92 -2- (4794d) Ron Labriola, 963 Barrington, Brentwood, spoke in opposition to the request and submitted a letter to the Commission stating his concerns. Lloyd and Sara Silverman, 213 Via Koron, Newport Beach, spoke in support of the request. Jack Antonucci, 1323 Laster Avenue, Anaheim, spoke in support of the request and rebutted the testimony that it brings a bad element to the area. Charles Greenbert, 6238 E. 6th Street, Long Beach, spoke in support of the request. He stated that the skating crowd would enforce any problems at the rink. Carol Greenberg, 6238 E. 6th Street, Long Beach, spoke in support of the project. Nancy Leaning, 20367 Fee Lane, Huntington Beach, spoke in support of the request. Ann Robertson, 8882 Grandville Circle, Westminster, spoke in support of the request. George Psaros, 3531 Venture Drive, spoke in opposition to the request because of its location in an industrial area. He feels it will create a parking problem, have inadequate lighting and a vehicular ingress, egress conflict. Helen Psaros, 3532 Venture Drive, spoke in opposition to the request because of parking problems and a video arcade bringing an undesirable crowd. Duke Pastoria, spoke in support of the request. Pamela Nakana, 21666 Audubon Way, E1 Toro, spoke in support of the request. Roy Linder, 2566 Oxford Lane, Costa Mesa, spoke in support of the request. Morton Rubin, 134436 Cumpston Street, Van Nuys, developer, spoke in support of the request. He explained that the parking lot will have closed circuit cameras for security, a drop off area for kids and that it will attract a family environment. John Keener, 628 S. Cooper Street, Santa Ana, spoke in support of the request. Rene Tanguay, 935 Via Montamas, Concord, spoke in support of the request. Roselind Leopol, 16281 Duchess Lane, spoke in support of the request. PC Minutes - 9/1/92 -3- (4794d) Mike Yarkony, 14355 Burbank Boulevard, spoke in support of the request. Rick Pedigo, adjacent business owner, 1833 Toyon Lane, Newport Beach, spoke in support of the request. Barbara Howell, 13586 Eucalyptus Street, Tustin, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A straw vote motion was made to eliminate all reference to the 11 parking spaces, it passed with seven (7) ayes. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-23 WITH SPECIAL PERMIT, CONDITIONAL EXCEPTION (VARIANCE) NO. 92-21 AND NEGATIVE DECLARATION NO. 92-27 AS THE APPLICANT REQUESTED WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-23: 1. The location, site layout, and design of the proposed skating rink complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The existing building is properly situated in relation to adjacent streets and uses and the nearby Edinger Corridor uses are typical commercial retail businesses similar to the demand of the proposed use. 2. The combination and relationship of one proposed use to another on a site are properly integrated. 3. The access to and -parking for the proposed skating rink complex does not create an undue traffic problem. Ingress and egress to the site are properly integrated to Gothard Avenue. The Edinger commercial corridor is located approximately 300 feet from the proposed skating complex and generates similar traffic demands. 4. The proposed skating rink complex is consistent with the General Plan Land Use designation of Industrial because Article 963, Unclassified Uses, of the Huntington Beach Ordinance Code permits commercial recreation uses such as bowling alleys or skating rinks to locate in any zone, subject to conditional use permit approval by the Planning Commission. PC Minutes - 9/l/92 -4- (4794d) FINDINGS FOR APPROVAL - SPECIAL PERMIT FOR COMPACT PARKING: 1. The requested special permit for compact parking at a skating rink complex will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. The compact parking spaces are dispersed throughout the site and the applicant will designate some of the compact spaces as employee parking. 2. A traffic study prepared by a registered traffic engineer has been submitted which recommends restriping of the lot to gain more parking spaces and the traffic engineer assisted the architect in preparing the compact parking striping plan. 3. The special permit will not adversely affect the circulation and safety and the use, structure or site, or adjacent land uses. 4. The special permit will result in a more effective and efficient circulation pattern and parking layout. 5. The special permit will enhance the general appearance of the development and its surroundings. 6. The special permit will not be detrimental to the general public health, safety, welfare or convenience, nor injurious to property values in the vicinity. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 92-21: 1. The granting of Conditional Exception (Variance) No. 92-21 for a reduction of eighteen (18) parking spaces in conjunction with a ice skating and roller rink complex will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the vicinity. The present circulation patterns on the site provide safe and adequate access from the site to the intersecting public streets. The applicant has submitted a parking study prepared by an outside traffic consultant that identifies peak hours of operation (when the greatest amount of parking is required) during Friday evenings and Saturday afternoons when the majority of the surrounding industrial users will be closed. A condition of approval to review the parking impacts within six (6) months and again after 12 months and then impose any necessary conditions to alleviate parking impacts will insure that the reduction of 18 parking spaces will not adversely impact the public or surroundings properties. PC Minutes - 9/l/92 -5- (4794d) 2. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. The site is located in an area with several industrial/commercial uses. The constraints of the existing building on -site prohibit the applicant from restriping the lot for additional parking spaces beyond the 20 spaces gained through compact parking. 3. The granting of a conditional exception for eighteen (18) parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights. A commercial recreation use or skating rink is an unclassified use permitted in any zone subject to a condition use permit. 4. The Conditional Exception for reduction of eighteen (18) parking spaces is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Industrial because the skating rink complex is an unclassified use permitted in any zone subject to approval of a conditional use permit. 5. The applicant is willing and able to carry out the purposes for which the conditional exception (variance)/conditional use permit is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-23 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION (VARIANCE) N0. 92-27: 1. The site plan, floor plans, and elevations received and dated August 18, 1992, shall be the conceptually approved layout with the following modifications: a. Delete the two parking spaces in front of the gate on the southeast corner of the adjacent property to the north. b. Indicate the location of the proposed security camera at the southwest corner of the subject site. c. Designate the seven (7) compact parking spaces adjacent to the loading and unloading zone as employee parking. 2. The existing gates.and chainlink fences blocking full access to the site shall be removed, unless, a gate plan is submitted and approved by the Community Development staff, identifying gate locations and hours when gates will be closed. PC Minutes - 9/l/92 -6- (4794d) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. 4. The Fire Department requirements are as follows: a. The Automatic Fire Sprinkler System modifications for an "Assembly" must be approved by the Fire Department prior to installation in the proposed complex. b. A new fire hydrant will be required on the North side of the complex located on the north side of the driveway approach serving the complex. c. All roads leading into the complex must be identified as fire lanes and must be posted with no parking signs. The northwest and southwest corners of the fire lanes must have a minimum 171x45' turning radius designed so that fire apparatus can make the turns. d. Any obstructions over the fire lane must provide a 1316" clearance between the driveway surface and the lowest portion of the proposed sign over the driveway on the northeast. e. The building must be addressed in the following manner: 1. The building numbers must be 10 inches or greater in height with a minimum 1-1/2" brush stroke. f. Fire extinguishers must be installed and located in areas approved by the fire department. g. An Automatic Detection and Alarm System must be installed pursuant to State Building Standards. h. All exiting systems of the proposed project must comply with building department standards and comply with Chapter 33 of the Uniform Building Code. 5. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. PC Minutes - 9/l/92 -7- (4794d) b. The applicant shall restrip the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d. Compliance with all conditions of approval specified herein shall be accomplished. 6. The use shall conform with the following: a. The party room shall not be utilized during public skating sessions. Any use of the party room shall be in conjunction with a private party use of either the roller or ice skating rink. b. There shall be adequate lighting provided in the parking area. 7. A review of the use and a traffic study prepared by an outside consultant paid by the applicant, shall be conducted within nine (9) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, the conditions stated herein for Conditional Use Permit No. 92-23 and Conditional Exception (Variance) No. 92-21 may be amended, or added to as deemed necessary by the Planning Commission, such as, a requirement to adjust the hours of operation or skating rink usage. S. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 92-23 with special permit, Conditional Exception (Variance) No. 92-21, Negative Declaration No. 92-27 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 9. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the'ten day appeal period has elapsed. 10. This Conditional Use Permit No. 92-23 with special permit, Conditional Exception (Variance) No. 92-21, Negative Declaration No. 92-27 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension -of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. PC Minutes - 9/l/92 -8- (4794d) B-2 BOLSA CHICA REGIONAL PARK GENERAL DEVELOPMENT PLAN AND ENVIRONMENTAL IMPACT REPORT NO. 521: APPLICANT: Orange County Environmental Management Agency and the City of Huntington Beach LOCATION: The proposed park boundary extends northerly from Pacific Coast Highway to approximately Talbert Avenue and is bordered on the west by the Bolsa Chica wetlands and on the east by residential uses and Seapoint Avenue as illustrated on Exhibit 1. The County of Orange Department of Harbors, Beaches and Parks, in a coordinated effort with the City of Huntington Beach and the Bolsa Chica Regional Park Citizens Advisory Committee, has prepared a General Development Plan (GDP) and Environmental Impact Report (EIR) for the Bolsa Chica Regional Park. At this time, the Planning Commission is being asked to review the documents in concept and recommend accordingly to the City Council and Board of Supervisors. The proposed GDP presents the ultimate development concept and development phasing plan for the 106 acre park site. The GDP emphasizes low intensity (passive) recreational uses. Proposed park facilities include a pedestrian/bike trail; an equestrian trail, an interpretive center building facility, vista points and picnic and play areas. Approximately 15 acres of Environmentally Sensitive Habitat Areas (ESHAs) are also included in the area. The principle issues are whether or not the proposed park boundaries and uses are consistent with previously established park objectives and compatible with surrounding uses. Staff's analysis indicates that the boundaries are consistent with the Holly-Seacliff Master Plan, the Seacliff Specific Plan, and on -going Bolsa Chica planning. The uses are also consistent with the concept of the Regional Park as a low intensity regional park providing trail views, picnic areas and serving as a buffer between the urban edge and the Bolsa Chica Wetlands. The low intensity uses are also compatible with adjacent residential uses. STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Orange County Board of Supervisors certification of Environmental Impact Report No. 521 (EIR No. 521), approval in concept of the Bolsa Chica Regional Park including the park boundary, the Bolsa Chica Regional Park General Development Plan and the Formal Interpretive Center Facility, and a recommendation on the deferral of Coastal Development Permit processing authority to the Coastal Commission. The proposed park boundary and development plan is consistent with the conceptual acreage and list of park uses previously approved by the Planning Commission and City Council. PC Minutes - 9/l/92 -9- (4794d) Bob Fisher, Harbours, Beaches and Parks, Mary Murray and Ken Ryan gave an overview report of the project to the Commission. The Commission raised concerns about the landscaping shrubs that will shield the view of the cars in the parking lot and, will disrupt the current views of the residents across the street, who currently have a view of the wetlands. There was also concern about the Commission receiving the environmental impact report two (2) weeks prior to the meeting, it was felt they should have a 30 day review period, the same as City Council. They questioned whether the gully should be preserved. Staff explained that it would be retained in the first phase, but because of erosion and safety hazards it would eventually be filled. Another concern arose regarding the Interpretative Center. They questioned why it would be privately funded when it would be a use for everyone. THE PUBLIC HEARING WAS OPENED. Mary Bell, 20292 Eastwood Circle, stated she had participated in the Citizen's advisory Group and was in support of the request. Gerald Chapman, 6742 Shire Circle, spoke in support of the project overall, but had concerns regarding the parking lots and ingress and egress coming up the hill. Frank Zappia, 19041 Stonehurst Lane, spoke in support of the project although he was concerned with an interpretative center being in a passive park. Terry Dolton, 17892 Shoreham Lane, President Amigos de Bolsa Chica, spoke in support of the project and urged the Commission to retain the size of the park. John Stillman, 6372 Doral Drive, area resident, spoke in support of the park but in opposition to the interpretative center saying he wanted a completely passive park. Lois Vacker, 6852 Bar Harbor Drive, spoke in support of the park with some concerns regarding the change in landscaping. Ridgely Montross Keeley, 6742 Morning Tide Drive, spoke in support of the park but felt it should be devoted to the natural habitat, not a mowed, maintained lawn. He also supported the interpretative center. Phil Smith, 19552 Ditmar Lane, Bolsa Chica Conservancy, spoke in support of the park and the interpretative center. Clarence Dreier, 6161 Morningside Drive, spoke in support of the park but opposed to interpretative center. He was concerned the park would not be passive. PC Minutes - 9/l/92 -10- (4794d) 1 Dr. Jan Vandersloot, 2221 E. 16th Street, Newport Beach, spoke in support of the park. He stated that he felt the gully should be preserved along with the natural plant habitat. Carrie Thomas, 6642 Trotter Drive, stated her concern regarding the cross -gap connector going through the park and the phasing of the trail system. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed a two (2) week continuance in order to further review the environmental impact report, the interpretative center and a legal opinion on Measure C and land ownership. A MOTION WAS MADE BY LEIPZIG, SECOND BY BOURGUIGNON, TO CONTINUE THE BOLSA CHICA REGIONAL PARK GENERAL DEVELOPMENT PLAN AND ENVIRONMENTAL IMPACT REPORT TO THE SEPTEMBER 15, 1992 PLANNING COMMISSION MEETING IN ORDER TO FURTHER REVIEW THE REQUEST, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO, 92-38A, B AND C/COASTAL DEVELOPMENT PERMIT NO. 92-25: APPLICANT: Coultrup Development Company Locations: A) 117 Main Street B) 416 Pacific Coast Highway C) 418/420 Pacific Coast Highway The proposal is three -fold as follows: A) To expand Perq's night club/restaurant to a total of 5,227 square feet with two building levels and continue as a full liquor service establishment with dancing and live entertainment located at 117 Main Street; B) To expand E1 Don's, an existing liquor store at 416 Pacific Coast Highway, to a total of 5,000 square feet; and C) To allow a 2,200 square foot restaurant with on -site beer and wine sales on the ground floor of 418/420 Pacific Coast Highway (transferred from 508 Pacific Coast Highway). PC Minutes - 9/l/92 -11- (4794d) The request is pursuant to Section 4.5.01(b) of the Downtown Specific Plan and assumes approval of the Main -Pier Phase II, two -block, mixed -use development (Coultrup Development Company). STAFF RECOMMENDATION: Because the two -block, mixed -use development has not been approved and the existing conceptual site plan may be subject to design changes, it is difficult to make an accurate analysis, address potential impacts and suggest conditions for approval of the proposed uses. Therefore, staff is recommending that this request be continued to October 6, 1992. A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN TO CONTINUE CONDITIONAL USE PERMIT NOS. 92-38A, B, AND C AND COASTAL DEVELOPMENT PERMIT NO. 92-25, TO THE OCTOBER 6, 1992 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO, 92-29: APPLICANT: Maddux Construction LOCATION: 17341 Drey Lane The proposal is for a second unit (granny flat) located at 17341 Drey Lane. The intended occupant of the second unit is the property owner, Sarah Caldwell. The occupant of the main house is Rose Whitwell, the property owner's daughter. The second unit is 644 square feet in area and is located above the garage on the second floor of the dwelling. The second unit meets all code requirements. STAFF RECOMMENDATION:_ Staff is recommending approval of the proposed second unit. THE PUBLIC HEARING WAS OPENED. Phyllis Steinberg, 17351 Drey Lane, spoke in opposition to the request. Gerry Alstadter, 17342 Drey Lane, spoke in support of the project stating it conforms to the neighborhood. PC Minutes - 9/l/92 -12- (4794d) 1 L Phillip Whitwell, 17342 Drey Lane, applicant, spoke in support of the project stating the addition was for his mother-in-law. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 92-29 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-29: 1. The granting of Conditional Use Permit No. 92-29 for a second unit will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property, or improvements in the neighborhood because it meets all development standards. 2. Conditional Use Permit No. 92-29 for a second unit is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of low density residential. 3. The location, site layout, and design of the proposed second unit properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner because it meets all setback , height and sight coverage restrictions. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-29: 1. The site plan, floor plans and elevations received and dated June 19, 1992 shall be the conceptually approved layout with the following revision: a. The left or southerly property line fence must be replaced with a minimum six (6) foot high opaque fence. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. PC Minutes - 9/l/92 -13- (4794d) b. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. d. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that there will be no more than two (2) units on the property. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. Prior to final inspection, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. f. Compliance with all conditions of approval specified herein shall be accomplished. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-29 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized 8. Conditional Use Permit No. 92-29 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 9. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time of issuance of building permits, whichever occurs first. PC Minutes - 9/l/92 -14- (4794d) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 16, 1992 (CONTINUED FROM THE AUGUST 18, 1992 PLANNING COMMISSION MEETING): A MOTION WAS MADE BY NEWMAN, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 16, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 PLANNED SIGN PROGRAM NO. 92-5 (CONTINUED FROM THE AUGUST 4, 1992 PLANNING COMMISSION MEETING): APPLICANT: Loren Woods LOCATION: 201 Main Street Planned Sign Program No. 92-5 is a request to establish a master sign program for a newly constructed retail building in downtown Huntington Beach. The project is located at the northwest corner of Main Street and Walnut Avenue and houses five (5) commercial tenants. The applicant has submitted a proposal depicting channel letter signs mounted on raceways that are attached just below the projecting second level balconies. Planning staff feels the proposal is more appropriate for high profile arterial traffic than the pedestrian oriented downtown concept. STAFF RECOMMENDATION: Staff recommends denial of the proposed internally illuminated channel letter signs and submits an alternative plan for smaller scale awning and neon window signs. The Commission stated that they were concerned that the lettering would not be seen on the awnings. PC Minutes - 9/l/92 -15- (4794d) A MOTION WAS MADE BY NEWMAN, SECOND BY LEIPZIG, TO APPROVE PLANNED SIGN PROGRAM NO. 92-5 AS REQUEST BY THE APPLICANT WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 92-5: 1. Planned Sign Program No. 92-5 will provide signs that reflect a common theme for the retail center by incorporating similar design elements in terms of materials colors, illumination and sign type. 2. Planned Sign Program No. 92-5 will provide for signs that will be compatible with the architectural style and color of the buildings, will maintain the design integrity of the building, and will incorporate signs appropriate for the pedestrian oriented downtown. The scale and proportion of the signs are appropriate for the design of the building. 3. The proposed signs will be compatible with other signs in the immediate vicinity as other signs in the downtown area are internally illuminated channel letters. 4. The proposed signs are substantially in compliance with Article 961 (Signs) of the Huntington Beach Ordinance Code and the Downtown Design Guidelines which allows channel letter signs to be mounted on raceways when established by an approved planned sign program. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM N0, 92-5: 1. The location and size of the signs shown on the site plan and elevations dated August 18, 1992 shall be the approve layout. 2. No sign shall be installed, erected, altered or reconstructed without prior City and property owner approval and issuance of appropriate building permits. 3. All illuminated signs shall comply with the Huntington Beach Electrical Sign Criteria. 4. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. PC Minutes - 9/l/92 -16- (4794d) 1 5. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, other than as permitted herein. 6. The following criteria shall make up the General Provisions of the Planned Sign program No. 92-5: a. All signs shall consist of individual letters only. No can signs shall be permitted; signs may be mounted on raceways. b. Wall signs for the first floor and second floor tenants shall be individual channel letters mounted on the sign fascia. c. No audible, flashing or animated signs shall be permitted. d. The first floor tenant signs may have channel letters projecting above the raceways. e. Logo and name channel cabinets are permitted on sign panels only if it is part of an established trademark or tenant name used in conjunction with channel letters and does not exceed eight (8) square feet in area (2' X 4'). f. No exposed crossovers, conduits, conductors, transformers, or any similar device, shall be permitted. g. Wording of signs for all tenants shall be limited to the business name and may not include the product sold. h. Sign area is based on one (1) square foot of sign area for every one (1) foot of store frontage with a maximum of 200 square feet. i. No labels will be permitted on the exposed surface of signs, except those that may be required by local ordinance which shall be places in an inconspicuous location. j. Individual shop logos may be located anywhere within the "net sign area". Height may not exceed the maximum letter height of 12 inches for tenants on the first floor and maximum letter height of 18 inches for tenants on the second floor. k. No more than two (2) rows of letters are permitted provided their maximum total height does not exceed the height of the "net sign area" or 36 inches. 1. Color of signs shall be architecturally compatible with the existing building colors and accents and shall be subject to property owner approval. m. Tenants shall be permitted to place upon the entrance of its premises not more than 144 square inches of decal application lettering not to exceed two (2) inches in height, indication hours of business and emergency telephone numbers. PC Minutes - 9/l/92 -17- (4794d) n. Each tenant which has a non -customer door for receiving merchandise may have uniformly applied on said door in four (4) inch high block letters, the tenant's name and address. Where more than one (1) tenant uses the same door, each name and address shall be applied. o. Tenants may install on the store front, if required by the U.S. Post Office, the numbers for the street address. p. Each tenant which has frontage on more than one side is permitted signage on each frontage. Sign area, however, shall not exceed one (1) square foot of area for the largest frontage (200 square feet maximum). q. It shall be unlawful for any person to exhibit, post or display, cause to be exhibit, posted or displayed upon any sign, anything of an obscene, indecent, or immoral nature or unlawful activity. r. No window signs will be permitted in excess of 20% of the total window area except as noted herein. No sign shall be installed, relocated, or maintained so as to prevent free ingress to or egress from any door. No sign of any kind shall be attached to a stand pipe except those signs as required by code or ordinance. s. Signs on or affixed to trucks, automobiles, trailers or other vehicles which advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries of sales or merchandise or rendering of services from such vehicles, is prohibited. t. Flags, banners, or pennants, or a combination of same, shall not be permitted without the approval of landlord and the City of Huntington Beach. 7. Any proposed sign that does not comply with the standards of Planned Sign Program No. 92-5 shall be subject to review by the Design Review board and approval of a special sign permit by the Planning Commission. 8. This planned sign program shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. 9. The Planning Commission reserves the right to revoke Planned Sign Program No. 92-5 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 9/l/92 -18- (4794d) D-2 PLANNED SIGN PROGRAM NO, 87-10(R): APPLICANT: Federal Sign LOCATION: 5812-5942 Edinger Avenue The proposed revised sign program is to allow for additional signage for commercial tenants located in a breezeway at the Marina Village Shopping Center. The shopping center is located at the southwest corner of Springdale and Edinger. The proposal is to modify an existing elevation sign that identifies breezeway tenants as "Food and Beverage" establishments only to allow each individual business name to be placed on the sign. The sign area will double under the proposal. STAFF RECOMMENDATION: Staff is supporting the request provided a pedestrian oriented directional sign advertising breezeway tenants located to the front of the breezeway is removed based on it no longer being necessary in view of the proposed sign. The proposed sign is both pedestrian and vehicular oriented. A MOTION WAS MADE BY NEWMAN, SECOND BY BOURGUIGNIN, TO APPROVE PLANNED SIGN PROGRAM NO, 87-10(R), WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 87-10(R): 1. Planned Sign Program No. 87-10(R) will provide for an elevation sign for breezeway tenants that will be compatible with the architectural style and color of the buildings. 2. The proposed sign will be compatible with other signs of the commercial center and in the immediate vicinity. 3. The proposed signs are substantially in compliance with Article 961, Signs of the Huntington Beach Ordinance Code and Planned Sign Program No. 87-10. CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO. 87-10(R): 1. The sign plan for breezeway tenants received and dated May 20, 1992, shall be the conceptually approved layout. PC Minutes - 9/l/92 -19- (4794d) 2. Prior to issuance of a sign permit, the five (5) foot by three (3) foot directional sign located in the landscape planter to the front of the breezeway shall be removed and the landscape planter replanted as necessary. 3. No sign shall be installed, erected, altered or reconstructed without issuance of appropriate building permits. 4. All internally illuminated signs shall comply with the Huntington Beach Electrical Sign Criteria. 5. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. 6. This planned sign permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Divisions. 7. The Planning Commission reserves the right to revoke Planned Sign Program No. 87-10(R) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. D-3 SITE PLAN AMENDMENT NO. 92-2: APPLICANT: Tumanjan/Fountain Valley Partners, LP III LOCATION: 9800 Yorktown Avenue (approximately 650 feet south of Yorktown Avenue, southwest side of Education Lane) The applicant is requesting approval of an amendment to a previously approved 58 lot subdivision at the 10.15 acre'Bushard Elementary School located on Education Lane south of Yorktown Avenue. On April 20, 1992, the City Council, on appeal, approved the subdivision and associated entitlements with a condition of approval that the site plan and tract map be modified to accommodate the standard street section for a R1 subdivision including sidewalks on both sides of the street. STAFF RECOMMENDATION: Staff recommends approval of the site plan amendment based upon the applicant's ability to provide the standard street section and sidewalks, conform with the general provisions of the Huntington Beach Ordinance Code, adhere to the approved setbacks and maintain the required open space. Commissioner Shomaker stated she would be abstaining due to a conflict of interest. PC Minutes - 9/l/92 -20- (4794d) A MOTION WAS MADE BY DETTLOFF, SECOND BY NEWMAN, TO APPROVE SITE PLAN AMENDMENT NO. 92-2 WITH FINDINGS AND ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: Shomaker MOTION PASSED FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO. 92-2: 1. The revision which includes a standard R1 street section and sidewalks on both sides does not constitute a substantial change. 2. The use of property as a 58 lot detached single family residential planned development will remain the same. 3. The revision which includes a standard R1 street section and sidewalks on both sides results in an improved development. The revision will provide improved vehicular circulation, additional on -street parking and improved pedestrian movement. 4. The revision complies with all applicable provisions of the Huntington Beach Ordinance Code and with the previously approved development standards of the subdivision. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 91-25 (Amended).: 1. The site plan dated July 20, 1992, shall be the conceptually approved layout. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 14515 (Amended): 1. The tentative tract map dated June 19, 1992, shall be the conceptually approved layout. The tentative tract map shall expire two (2) years after final action unless extensions are granted by the Planning Commission. PC Minutes - 9/l/92 -21- (4794d) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - referred to a City of Santa Ana ordinance restricting residential occupancies that was overturned by the courts. As a result, 10 adults per one bedroom apartment are permitted, and asked staff if they could come up with parking requirements. He also asked staff if the Commission had to accept material that public speakers distribute the night of the meeting, which allows them no time to review it. Staff explained that they did have to accept it, but they could use their judgement as to whether the material was pertinent enough to continue the hearing in order for the material to be comprehended. Commissioner Leipzig - inquired of staff if the School Site Environmental Report for the proposed Holly-Seacliff Elementary School would be evaluated by staff. Staff indicated affirmative and that it would be agendized for the September 15, 1992 Planning Commission meeting for review. F. COMMUNITY DEVELOPMENT ITEMS None G. A MOTION WAS MADE BY SHOMAKER, SECOND BY NEWMAN, AT 11:42 PM TO ADJOURN TO A 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON SEPTEMBER 15, 1992 AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Newman, Leipzig NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 APPROVED BY: Mike hdams, Secretary Planning Commission Chairperson PC Minutes - 9/l/92 -22- (4794d)